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HTMLBank Liable for Allowing Continued Access to Electronic Banking Facilities, After Notice of Breach of Trust
Martin Sclisizzi; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2016, previously published on February 16, 2016
The Ontario Court of Appeal (Simmons, van Rensburg and Hourigan JJ.A.) released its decision in Carriere Industrial Supply Limited v. Toronto-Dominion Bank, on December 7, 2015. The decision, on appeal from the decision of Wilton-Siegel J., considered the doctrines of knowing assistance in a breach...


HTMLCourt Upholds Securities Commissions’ Power to Compel and Share Evidence
Andrew Pozzobon; Borden Ladner Gervais LLP;
Legal Alert/Article
March 8, 2016, previously published on February 18, 2016
In April 2012, the Alberta Securities Commission (ASC) issued an investigation and a Summons to a Witness (the "Summons") pursuant to section 42 of the Securities Act, requiring Scott Beaudette, the CEO and sole employee of Sunpeaks Ventures Inc., to attend for examination at the ASC and...


HTMLCodere S.A. Surety Bonds - Gambling with Unfunded Commitments
Adam Colman, Tawnee Harker, Louisa Watt; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 8, 2016, previously published on March 02, 2016
Mr Justice Robin Knowles CBE handed down his judgment on 29 January 2016 in GSO Credit - A Partners L.P. (and other GSO funds) v Barclays Bank PLC and HCC International Company PLC [2016] EWHC 146 (Comm) concerning the application of the Loan Market Association (“LMA”) Standard Terms...


HTMLFurther Loosening of Cuban Sanctions to Expand Access to Finance, Trade and Travel
Ira Gonzalez; Adams and Reese LLP;
Legal Alert/Article
March 4, 2016, previously published on February 1, 2016
The Treasury's Office of Foreign Assets Control (OFAC) and the Department of Commerce announced new amendments to Cuban policy to "further implement the new direction toward Cuba" announced by President Obama in December 2014.


HTMLItalian NPL Guaranteed by the Italian Government: Law Decree Approved
Francesco Squerzoni, Mario Todino, Vinicio Trombetti; Jones Day;
Legal Alert/Article
March 3, 2016, previously published on February 2016
On February 14, 2016, the Italian Government approved the law decree ("decreto-legge" or the "Decree") that regulates, inter alia, the release of a guarantee by the Italian Government for non-performing loan ("NPL") transactions.


HTMLSenior Managers and Certification Regime
Elaine Aarons, Harvey Knight, Meriel Schindler; Withers Bergman LLP;
Legal Alert/Article
March 2, 2016, previously published on February 18, 2016
On 7 March 2016, the first wave of the Senior Managers and Certification Regime will become effective. The senior management of all UK regulated banks, building societies and any regulated business that forms part of a banking conglomerate will be required to perform Senior Management Functions...


HTMLCourt Rules Banks Not Liable For Converting Cheques To Non-Existing / Fictitious Payees
Heather Pessione; Borden Ladner Gervais LLP;
Legal Alert/Article
March 1, 2016, previously published on February 17, 2016
On the Ontario Court of Appeal released its decision in Teva Canada Limited v. Bank of Montréal. The case arose out of a $5M fraud perpetrated by a former employee of pharmaceutical manufacturer Teva Canada Ltd. ("Teva") against Teva and a number of banks. The former employee...


HTMLPrimary Legal Framework Governing Direct Lending by Italian and EU Funds Now Completed
Alessandro Corno, Marco Frattini, Giovanni Meschia, Francesco Squerzoni; Jones Day;
Legal Alert/Article
February 24, 2016, previously published on February 2016
In the last few years, the Italian Government reformed the Italian debt market with the aim of facilitating access by Italian businesses to financings. Going along this reformation path, the Italian Council of Ministers enacted Law Decree No. 18 of February 14, 2016 (the "Law Decree"),[1]...


HTMLCommodity Futures Trading Commission Proposes Cybersecurity Best Practices
Lisa M. Ledbetter, Ethan (Eitan) Levisohn, Stephen J. Obie, Mauricio F. Paez; Jones Day;
Legal Alert/Article
February 24, 2016, previously published on February 2016
On December 16, 2015, the Commodity Futures Trading Commission ("CFTC") approved two proposed rules which would require regulated entities to conduct specific tests of their cybersecurity capabilities, remediate vulnerabilities, and institute board-level review of the testing results.


HTMLFollow the Money: The FY 2017 Budget
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 17, 2016, previously published on February 12, 2016
One way to assess an administration's public policy priorities is by examining its annual budget submission to Congress: The higher an administration sets its funding requests for particular federal departments, agencies, and programs, the greater the emphasis the administration plans to place on...


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